Coercive control became a standalone criminal offence in Queensland on 26 May 2025. It carries a maximum penalty of 14 years imprisonment, and it is one of the most significant changes to Queensland's domestic and family violence laws in a generation.

This article is written for people who have been charged with coercive control, who have been told police want to speak with them about a charge of coercive contril, or who have had a partner, parent or family member contact police alleging controlling behaviour. If that is you, do not speak to police or agree to an interview before getting legal advice. What you say in the first 24 hours of a coercive control investigation often shapes the entire case.

Clarity Law is a specialist criminal defence firm. We act for people charged with domestic and family violence offences every week across South East Queensland. Call us on 1300 952 255 seven days a week, 7am to 7pm.

What is coercive control?

Coercive control is a pattern of behaviour used to dominate another person in a domestic or intimate relationship. Unlike common assault or breaching a domestic violence order, coercive control is not about a single incident. It is about a course of conduct — a series of acts, over time, that together amount to control.

The new offence sits in section 334A of the Queensland Criminal Code, inserted by the Criminal Law (Coercive Control) and Affirmative Consent Legislation Amendment Act 2024. It commenced on 26 May 2025 and as the Queensland Governement explained it was create to capture patterns of physical and/or non-physical abuse used to hurt, humiliate, isolate, frighten, or threaten a victim-survivor.

What the prosecution must prove

To secure a conviction, the prosecution must prove beyond reasonable doubt that:

1. The accused is an adult.
2. The accused was in a domestic relationship with the other person (current or former intimate partner, family member, or informal carer).
3. The accused engaged in a course of conduct against that person.
4. The course of conduct involved domestic violence as defined in the Domestic and Family Violence Protection Act 2012.
5. The accused intended the conduct to coerce or control the other person.
6. The conduct would, in all the circumstances, be reasonably likely to cause harm to the other person.

Every one of those elements is contestable. Our experience is that cases often turn on elements 3 (was there really a "course of conduct"?), 5 (was there actual intent, or just a bad relationship?) and 6 (was the conduct reasonably likely to cause harm, or is the complainant reframing arguments as abuse in hindsight?).

What counts as a "course of conduct"?

A course of conduct means more than one occasion. It can include acts that are days, weeks, months or years apart. It can include:

• Isolating the other person from family or friends
• Controlling what they wear, eat, read or watch
• Monitoring their movements, phone, email or social media
• Controlling their finances — including dictating spending, withholding money, or building up debt in their name
• Threats, humiliation, degradation, or repeated verbal abuse
• Regulating their daily activities, work, or contact with children
• Using children, pets or immigration status as leverage

Importantly, the individual acts do not have to be criminal offences on their own. A pattern of lawful but controlling behaviour can be enough — if the other elements are also proved.

What is a "domestic relationship"?

The definition is broad. It includes:

• Married, de facto, or engaged couples (current or former)
• People in an intimate personal relationship, whether or not sexual
• Family relationships, including parents, children, siblings and extended family
• Informal care relationships (where one person is dependent on another for care)

Housemates and flatmates are generally not in a domestic relationship for the purposes of this offence, unless another relationship applies.

Maximum penalty and how serious this charge is

The maximum penalty is 14 years imprisonment. That places coercive control among the most serious offences in the Queensland Criminal Code — the same maximum as some sexual assault offences and higher than the maximum for grievous bodily harm.

This is a strictly indictable offence. That means it must be dealt with in the District Court, with a judge and jury. It cannot be finalised in the Magistrates Court.

The courts have signalled they will treat this offence seriously. The whole reason Parliament created it was the research showing coercive control is a predictor of serious physical violence and homicide in domestic relationships. Do not assume the absence of physical violence means the charge is minor. It is not.

Are there defences?

Yes. Several defences and arguments are commonly raised in coercive control cases:

• The course of conduct is not made out — the prosecution can point to isolated incidents, but not a connected pattern.
• Intent to coerce or control cannot be proved — the conduct may be explicable as normal relationship friction, mental health issues, poor communication, or conduct by both parties rather than a deliberate campaign of control.
• The conduct was not reasonably likely to cause harm — the complainant's account of harm is subjective; the objective test may not be met.
• No domestic relationship existed at the relevant time.
• Fabrication or exaggeration, particularly in the context of family law proceedings where allegations of controlling behaviour can strategically influence parenting orders and property settlement.
• Duress, mental impairment, or other substantive defences under the Criminal Code.

Every case turns on its own evidence. Text messages, emails, bank records, social media history, phone records, witness accounts, and the complainant's own prior statements are often critical.

What to do if police want to speak to you

The single most important thing is this: say nothing until you have legal advice.

Police will usually approach a coercive control investigation in one of three ways:

1. A "let's hear your side" phone call or doorstep conversation.
2. A formal invitation to attend a police station for a recorded interview.
3. An arrest, typically after a DVO application has already been made or a complaint has been escalated.

In all three situations you have a right to silence. You cannot be punished for using it. You can — and should — politely decline to answer questions until you have spoken to a criminal defence lawyer.

What you say in an interview can be some of the strongest evidence police have. Coercive control cases are built from context, and context can be constructed out of ordinary-sounding admissions ("yes I checked her phone sometimes", "yes I managed the finances", "yes we had rules about her going out"). Do not hand police that evidence. Read our article on why you should not give a police interview.

How coercive control interacts with DVOs, breach DVO charges, and other offences

A coercive control charge almost never appears alone. Common combinations include:

• Breach of a domestic violence order (s 177 DFVPA) — where an existing DVO is in place
• Common assault in a domestic setting
• Choking, suffocation or strangulation (s 315A Criminal Code) — a 7-year offence
• Unlawful stalking, intimidation, harassment or abuse (s 359B, recently expanded)
• Threats (s 359 Criminal Code)
• Wilful damage in a domestic context

Each additional charge affects bail, sentence exposure and negotiating position. An experienced criminal lawyer will look at the whole picture, not just the lead charge.  It is possible that the charge of coercive control will be changed over time.

Bail considerations

Bail in coercive control matters is contested and difficult. Depending on the surrounding charges and the accused's history, the matter may fall into a show cause position — meaning the onus is on the accused to show why their detention is not justified. A proper bail application, supported by evidence about residence, employment, and protective conditions, is essential.

Getting bail wrong at the first court date can have consequences that last months. If you have been arrested for coercive control, get a lawyer involved immediately — not on the morning of your first mention.

Why Clarity Law

We are Queensland criminal defence specialists. Our team has acted in thousands of domestic and family violence matters across every level of the court system. We understand how coercive control cases are built, where the prosecution evidence tends to be weak, and how to push back on allegations that do not meet the legal test.

We offer:

• Fixed fees — no hourly billing, no surprises
• Experienced defence counsel — Steven Brough and the team have over 60 years combined experience
• Statewide coverage — offices in Brisbane, Gold Coast, Sunshine Coast, Ipswich, Logan, North Brisbane and Hervey Bay
• Early, practical advice — often by phone on the same day

Get advice now

If you have been charged with coercive control, or if police have indicated they want to speak with you, do not wait for the first court date to get legal advice. The early steps matter more than most people realise.

• Call 1300 952 255 — seven days a week, 7am to 7pm
• Use our contact form and we will call you back
• Book a free 15-minute phone consultation

We are a no-pressure firm. Initial advice is free and confidential.

This article is general legal information only and does not constitute legal advice. Coercive control law is new and evolving, and every case turns on its own facts. If you have been charged or police want to speak with you, obtain advice from a criminal defence lawyer before acting.

Possession of Cannabis in Queensland

Charged with possession of Cannabis in Queensland is the most common offences of dangerous drug in Queensland by a wide margin. It is a Schedule 2 drug — less serious than Schedule 1 drugs like cocaine and MDMA — and for first-time offenders caught with small personal-use amounts, the usual outcome is drug diversion and no recorded conviction.

But "usual" is not "automatic". Commerciality indicators, prior history, or the wrong approach at court can turn a diversion matter into a conviction matter. This article explains how cannabis or weed possession is prosecuted in Queensland and what you need to get right.  If you are charged with cannabis posession or need a drug lawyer for cannabis possession this artcile will explain everything.  Please note weed, cannabis and marijuna are used to describe the same thing in this article.

The law

Possession of a dangerous drug is an offence under section 9 of the Drugs Misuse Act 1986 (Qld). Cannabis is listed in Schedule 2 of the Drugs Misuse Regulation 1987.

Maximum penalties for Schedule 2 drugs:

• 20 years imprisonment if drug-dependent, or if the quantity exceeds the Schedule 4 amount
• 15 years imprisonment otherwise
• 3 years imprisonment if finalised in the Magistrates Court

Virtually all personal-use cannabis matters are finalised in the Magistrates Court.

What the prosecution must prove

1. You had possession of a substance.
2. The substance was cannabis (or a cannabinoid product containing THC).
3. The possession was unlawful.

Edibles, oils, vapes and wax — all still cannabis

A common misconception is that only dried cannabis flower ("leaf") is covered. In Queensland:

• Cannabis oil — a cannabis product, possession offence
• Edibles (gummies, chocolates, cookies containing THC) — possession offence; weight includes the whole edible
• Wax, shatter, rosin, resin — possession offence; very high THC content; penalties can be significant
• THC vape cartridges — possession offence; the whole cartridge is usually weighed
• CBD without THC — lawful only under prescription or TGA scheme; unlawful otherwise

The total weight of the product, not the cannabis content, is usually what determines the charge. A 20-gram chocolate bar laced with THC will often be charged as 20 grams of cannabis — which has significant consequences for what court hears the matter.

Drug diversion — often available

Queensland's Police Drug Diversion Assessment Program (PDDAP) has applied to cannabis since 2001. If you are caught with a small amount for personal use and you admit the offence, police may offer you diversion on the spot instead of charging you.

You are eligible if:

• The quantity is consistent with personal use (generally up to 50g of dried cannabis or less)
• You admit the offence
• You have not been offered diversion more than twice before (for cannabis)
• No related serious charges (e.g., supply, production, driving offences)

If offered, diversion is always the preferred outcome. You attend one mandatory education session. No conviction is recorded and no criminal history entry is made.

If diversion was not offered at the roadside — or if you were charged instead — court drug diversion is often still available at your first mention, provided you have the right legal advice and have not already pleaded guilty.

When cannabis possession becomes more serious

Cannabis matters escalate when:

• Quantity exceeds 500g — this is the Schedule 3 threshold for cannabis, above which the prosecution may allege commercial possession
• Plants are found — possession of cannabis plants is charged as producing a dangerous drug, a separate and more serious offence
• Commerciality indicators are present — scales, cash, deal bags, phone messages
• The cannabis is in a form associated with supply — multiple pre-packaged bags of identical weight
• A weapon or cash is also present

Multiple plants or large indoor growing setups lead to production charges under section 8 of the Drugs Misuse Act — maximum 20 years imprisonment.

Defences

• No possession — the cannabis was not yours, was in a shared space, you had no knowledge
• Substance not cannabis — testing has not confirmed it was a dangerous drug (rare for cannabis but can apply to CBD or hemp products)
• Unlawful search — police exceeded their powers; the evidence should be excluded
• Medical cannabis defence — you hold a valid Queensland or TGA authority. The prescription must match the product and the conditions of the authority

Medical cannabis is now prescribed by many GPs in Queensland. If you hold a valid script and are driving, the situation is complex: possession may be lawful but driving with THC in your system remains an offence under the Transport Operations (Road Use Management) Act. This is addressed on our drug driving site.

Penalties for cannabis possession

Typical Magistrates Court outcomes:

• Police drug diversion — no conviction, no criminal history (first and second offences, small quantities)
• Court drug diversion — same outcome, applied at court where police declined
• Fine, no conviction recorded — often where diversion is not available
• Fine with conviction recorded — for repeat offending or larger quantities
• Good behaviour bond or probation — for repeat matters
• Suspended or actual imprisonment — rare for simple possession; reserved for large quantities, commerciality, or in combination with other offences

Utensils, bongs, pipes and scales — separate charge

If you are caught with cannabis and also a bong, pipe, or grinder, expect a separate charge under section 10 of the Drugs Misuse Act for possessing an item used in connection with a dangerous drug. This is a minor offence but is routinely charged.

Read our article on utensil / bong / pipe / scales charges.

Consequences of a conviction

Even for cannabis, a conviction can affect:

• International travel (US, UAE, some Asian countries)
• Employment in mining, transport, defence, healthcare
• Firearms and professional licensing
• Insurance and visa applications for non-citizens

A no-conviction outcome — or, better still, diversion — materially reduces these consequences. Read more.

Why Clarity Law

We have acted in thousands of cannabis matters across Queensland. We know exactly how to present first-offender cannabis cases to secure diversion or no-conviction outcomes.

• Fixed fees — no surprises
• Free 15-minute initial consultations
• Statewide offices
• Over 60 years combined defence experience

Speak to us before court

Do not plead guilty without advice. Do not admit to matters police cannot prove. Do not assume diversion will be offered automatically — it must often be applied for, correctly.

• Call 1300 952 255
• Use our contact form
• Book a free 15-minute consultation

Being charged with a new criminal offence while you are already on bail for something else triggers a whole second layer of consequences in Queensland. You are not just facing the new charge — you are also facing:

• A separate criminal offence under section 29 of the Bail Act 1980
• A show cause bail position — meaning the court presumes you should be refused bail unless you can show otherwise
• A cumulative sentence on any new imprisonment imposed
• The likely revocation of your existing bail on the original matter

Section 29 is one of the most commonly charged — and most commonly misunderstood — offences in Queensland's criminal justice system. This article explains what it is, when it applies, and why people charged with it need specialist advice immediately.

Clarity Law — 1300 952 255, seven days a week.

The law

Section 29 of the Bail Act 1980 (Qld) provides:

A defendant, released on bail, who commits an indictable offence while so released, commits an offence.

The maximum penalty is 40 penalty units (approximately $6,450) or 2 years imprisonment.

Critically, the Act provides that any imprisonment imposed for the section 29 offence must be served cumulatively with any imprisonment imposed for the underlying indictable offence. That is unusual in Queensland sentencing and is a specific deterrent to committing offences while on bail.

What counts as "on bail"?

You are on bail if:

• You have been granted bail by police (watch-house bail)
• You have been granted bail by a court (court bail)
• You are subject to a bail undertaking — even one for a minor matter
• The bail includes any conditions at all, including the basic condition to appear in court

If a court has released you pending your next court date and you are required to return — you are on bail.

What is an "indictable offence"?

An indictable offence is an offence that can be prosecuted on indictment — essentially, the serious end of Queensland criminal law. It includes:

• All Criminal Code offences that carry a maximum of more than 3 years (and most that carry exactly 3 years)
• Drug offences under sections 5, 6, 8, 9 of the Drugs Misuse Act (trafficking, supply, production, possession)
• Most serious property offences (burglary, stealing, fraud over threshold amounts)
• Serious assault offences (AOBH, GBH, choking)

Summary-only offences are not indictable offences. Examples:

• Public nuisance
• Contravene direction or requirement
• Most Liquor Act offences
• Most Traffic Regulation offences
• Simple possession of drugs where dealt with summarily (subject to argument)

This distinction matters. A public nuisance charge committed while on bail does not trigger section 29. A common assault does (since common assault is an indictable offence, even though it's usually dealt with summarily).

How the charge works in practice

The typical sequence:

1. You are on bail for, say, a common assault charge
2. Three weeks later, you are arrested for stealing from a shop
3. Police charge you with the stealing and with committing an indictable offence while on bail
4. You are taken before the court the next working day
5. You are in a show cause position on bail for the new charges — meaning you must justify your release

The same pattern applies whether the new offence is drug possession (where charged indictably), burglary, assault, fraud, or any other indictable matter.

Show cause bail — why this is so serious

Under section 16 of the Bail Act, a person who is charged with an indictable offence committed while on bail for another indictable offence is automatically in a show cause position. That means:

• The default is refusal of bail
• You must present evidence and argument as to why your detention is not justified
• Even if bail is granted, conditions are likely to be strict (curfew, reporting, non-association, residence)

Show cause bail applications are fact-sensitive. They typically succeed where:

• Strong stable accommodation is available (ideally away from co-accused)
• Employment or study can continue
• There are strong ties to the community
• Previous bail compliance has been good
• The new offence is materially different in nature and scale from the original

They typically fail where:

• The new offence is similar in type to the original (e.g., new drug offence while on bail for drugs)
• There is a history of bail breaches
• The Crown case is strong
• There is a pattern of offending

Read our article on show cause bail for more detail.

Cumulative sentencing

This is the sleeper consequence of a section 29 conviction. If you are sentenced to imprisonment for both:

• The original offence, and
• The new offence you committed while on bail

...then any imprisonment for the section 29 charge itself must be cumulative — served after the sentence for the underlying offence, not concurrent with it.

Even a relatively modest 3–6 month uplift on section 29 can extend a prison term meaningfully. For a client already facing several years, it can push parole dates out by months.

Defences

• You were not on bail at the relevant time — the bail had ended, or had not yet commenced
• The new offence is not indictable — it is a summary-only offence
• The underlying indictable offence is not made out — if you beat the underlying charge, the section 29 charge often falls with it
• You were not the person who committed the new offence — identification defence

DV context — additional considerations

Many section 29 charges arise in domestic violence situations. A person on bail for a DVO breach who is then charged with a new DVO breach, or a new common assault, faces:

• Section 29 charge
• Show cause bail
• Likely variation of the DVO to add more restrictive conditions
• Significant sentencing uplift at the final hearing

In our experience, DV-related section 29 matters are among the hardest to obtain bail on. Early legal intervention matters.

Strategic implications

The presence of a section 29 charge often changes the overall strategy on the case:

• Defending both matters together, to avoid cascading consequences
• Negotiating a plea package that resolves both matters efficiently
• Pursuing bail variation or withdrawal of the original bail to remove the "on bail" element
• Considering the total sentencing effect rather than each charge in isolation

A lawyer who deals with the new charge without reference to the original matter is not giving you full advice.

What to do if you have been charged

1. Do not speak to police about the new offence without legal advice
2. Arrange bail representation urgently — the first court appearance in a show cause matter is critical
3. Identify whether the existing bail conditions have been breached — that may be a separate charge
4. Gather material for the bail application — residence, employment, references, rehabilitation evidence
5. Get a lawyer who will take a strategic view across both matters

Why Clarity Law

We have represented hundreds of clients in show cause bail applications and section 29 matters. We know the Magistrates' approaches, the bail conditions that tend to be accepted, and the submissions that work.

• Fixed fees where possible; clear staged quoting otherwise
• Statewide bail representation
• Over 60 years combined criminal defence experience
• Offices across South East Queensland

Get advice urgently

If you have been charged with a new offence while on bail, the first 24 hours matter. Show cause bail applications cannot be properly prepared in the corridor of the Magistrates Court on the day.

• Call 1300 952 255 — seven days a week, 7am to 7pm
• Use our contact form
• Book a free 15-minute consultation

Possess Utensil Charge in Queensland

Most people charged with a drug offence in Queensland are surprised to learn that the drug itself is not the only thing they have been charged with. If the police find a utensil bong, a pipe, a set of scales, a grinder, clip-seal bags, a dealer phone, or similar items, there will almost always be a second, separate charge alongside the drug possession charge.

That second charge is under section 10 of the Drugs Misuse Act 1986 (Qld). It is called "possessing things". It is a conviction in its own right — and if you are not careful, it is the one that ends up on your record even after the drug charge has been dealt with by diversion.

This guide explains what the charge is, what the prosecution has to prove, and what it means for your outcome.

If you have already been charged, you can contact us here or call 1300 952 255 seven days a week.

What is section 10 actually about?

Section 10 of the Drugs Misuse Act creates several different "possessing things" offences. The two that matter for most people are:

Section 10(1) — the serious one

Possessing anything that is used, or intended to be used, in connection with a Part 2 drug crime — for example, producing or supplying drugs.

Maximum penalty: 15 years imprisonment.

This is the charge that goes with scales, dealer phones, snap-lock bags in bulk, cash tins, tick lists, and the kind of equipment police say was being used to supply or produce drugs.

Section 10(2) — the common one

Possessing anything (other than a syringe or needle) for use — or that has been used — in the administration, consumption or smoking of a dangerous drug.

Maximum penalty: 2 years imprisonment. It is a summary offence and is dealt with in the Magistrates Court.

This is the charge that comes with a bong, a glass pipe, a meth pipe, an ice pipe, an aluminium foil "chaser", a grinder with resin, or an empty snap-lock bag that still had drug residue in it.

The rest of this article focuses on s 10(2), because that is the one most people are charged with.

What does the prosecution have to prove?

To convict you under s 10(2), the police have to prove, beyond reasonable doubt, each of the following:

1. You were in possession of the thing.
2. The thing was either used, or intended to be used, for the administration, consumption or smoking of a dangerous drug.
3. Your possession of it was unlawful (without lawful excuse).

That second element is the one that actually matters. A clean, unused bong in a drawer with no residue and no evidence of past use is not automatically caught. What makes it caught is either:

• the physical evidence that it has been used (residue, smell, burn marks), or
• your own admissions in a police interview (for example, "yeah, I smoke bongs with that").

That is one of the many reasons we tell clients never to do a record of interview before getting advice. See our article on declining a police interview.

What counts as a "thing"?

The section is worded very broadly. The police and the courts have applied it to items such as:

• glass pipes, ice pipes, meth pipes
• bongs and water pipes (including homemade ones)
• aluminium foil "chasers" used for smoking heroin or methamphetamine
• grinders (if containing cannabis residue)
• spoons used for preparing drug solutions
• straws and rolled notes used for snorting
• snap-lock bags containing drug residue
• scales with residue on them
• pill presses, capsule fillers, and similar equipment

Whether an item falls within s 10(2) will always depend on the evidence. An ordinary kitchen grinder, a normal spoon, a clean bag, or a set of postal scales is not automatically criminal. There has to be a link between the item and drug use.

"I only had a bong — is that really a criminal charge?"

Yes. And it is the part that catches most people out.

If you are stopped or searched and police find, say, 0.5 grams of cannabis and a bong, you are likely to be charged with:

• possession of a dangerous drug under s 9 of the Drugs Misuse Act; and
• possessing a thing used in connection with smoking cannabis under s 10(2).

Those are two separate charges. Two convictions, potentially. Two entries on your criminal history.

This matters because of how drug diversion works.

How this affects drug diversion

Queensland has two main diversion pathways for low-level drug offending:

• Police Drug Diversion — the police make the referral before you are charged.
• Court Drug Diversion — the Magistrate makes the referral once you are before the court.

Both are excellent outcomes. When someone completes diversion, they avoid a conviction for the drug itself.

The problem is that drug diversion was originally designed for the possession of the drug, not for the utensil. In practice, if a s 10(2) charge is laid alongside a possession charge:

• Many courts will include it within the diversion where the circumstances are minor (for example, a single bong found with a small amount of cannabis).
• But this is discretionary, not automatic.
• If the utensil charge is not diverted, you can still end up with a conviction for s 10(2) even though the drug charge has been dealt with without one.

That is why it is worth having a lawyer advocate for how the utensil charge is resolved — not just the drug charge itself.

For more on this, see our articles on commercial possession of drugs and the difference between a conviction and a non-conviction.

What about syringes?

Syringes and needles are carved out of s 10(2). They are dealt with under separate subsections (s 10(3) and s 10(4)), which create offences for:

• supplying a syringe or needle for use with a dangerous drug (s 10(3));
• possessing a syringe or needle without taking reasonable care with it to avoid danger to others (s 10(4)); and
• failing to safely dispose of a used syringe or needle (s 10(4A)).

These carry a maximum of 2 years imprisonment each. They exist because Queensland also operates a needle and syringe exchange program, and Parliament did not want to criminalise every person who carries a clean syringe in a harm-reduction context.

Common defences

Most s 10(2) charges are defendable on one of the following lines:

The item wasn't in your possession

If the bong was in a shared house and anyone could have used it, and there is nothing linking it specifically to you, the prosecution may not be able to prove possession. Possession requires knowledge and control.

The item hadn't been used and wasn't going to be

A brand-new, sealed, clean pipe with no residue and no evidence of intended use is not caught. The section requires a past or future connection with actual drug use.

Honest and reasonable mistake of fact

If you genuinely and reasonably believed the item was something else — for example, a glass ornament or a tobacco pipe — you may have a defence under section 24 of the Criminal Code.

No knowledge of the item's presence

Similar to the defence available for drug possession itself — if the item was in a shared area and you did not know it was there, that can be a defence.

A well-drafted letter to police prosecutions, setting out the evidentiary problems with a s 10(2) charge, will often result in the charge being withdrawn altogether — particularly where the drug charge itself is being dealt with by diversion. For background on how these negotiations work, see our brief of evidence article and going to trial in the Magistrates Court.

What are the usual sentences?

For a first offence involving a small amount of paraphernalia, outcomes are typically on the lighter end:

• drug diversion (no conviction recorded);
• a small fine, often in the $200–$600 range, with no conviction recorded; or
• a good behaviour bond.

For more serious matters — multiple items, scales and cash, repeat offending, or where s 10(1) is charged rather than s 10(2) — the outcomes can be much more serious, including community service, probation, or imprisonment.

Whether a conviction is recorded is one of the most important questions in the matter. For many people — tradies with licences, nurses, teachers, anyone with a Blue Card, people who travel for work — a recorded conviction for a drug-related offence can have real consequences well beyond the court.

Frequently Asked Questions

I was charged with drug possession and "possessing things". Why two charges? Because the law treats them as two separate offences. The drug is dealt with under s 9, the item under s 10. Police will almost always lay both where they apply.

The bong wasn't even mine. I was just at a mate's place. That may well be a defence. The prosecution has to prove you were in possession — which means knowledge and some degree of control. Simply being in a room with a bong is not automatically possession.

Will I get a criminal record? Not necessarily. If you are eligible for drug diversion and the court agrees, no conviction is recorded. If diversion is not available and the court imposes a fine, the Magistrate still has a discretion not to record a conviction.

Police didn't charge me on the day — they just took the bong. Can they still charge me later? Yes. Police can lay charges at any time within the relevant limitation period. They often forensically test items first (for example, residue analysis) and charge later by notice to appear. See our article on the notice to appear process.

Will this affect my Blue Card? It can. A recorded conviction for a drug-related offence — even the utensil charge — can trigger a review of your Blue Card. This is another reason to fight for no conviction where possible.

What if police threatened to charge me with supply because of the scales? That is a s 10(1) charge, not s 10(2) — and it is much more serious. Get advice immediately. Do not participate in an interview, and do not try to "explain" the scales to police. See our article on the right to silence in Queensland.

Why use Clarity Law

We are a specialist criminal and traffic law firm. Drug offences — including s 10 charges — are part of our day-to-day work in Magistrates Courts across South East Queensland.

If you engage us we will:

• review the full brief of evidence and identify any weaknesses in the s 10 charge;
• where appropriate, write to police prosecutions seeking withdrawal of the utensil charge on evidentiary or discretion grounds;
• run any diversion application carefully so the charge is not left outside it;
• appear for you at court and advocate for no conviction to be recorded.

How to get more information or engage Clarity Law

If you want to engage us or just need free initial information or advice you can:

1. Use our contact form and we will contact you at a time that suits you.
2. Call us on 1300 952 255 seven days a week, 7am to 7pm.
3. Book a free 15-minute telephone consultation.

We are a no-pressure firm. If you engage us we will give you a fixed price so you know with certainty what we will cost. All client money is held in a trust account monitored by the Queensland Law Society.

Disclaimer: This article provides general information about Queensland law as at April 2026. It is not legal advice and should not be relied on as such. If you are affected by a charge under section 10 of the Drugs Misuse Act 1986, please obtain advice tailored to your circumstances.

The slogan is simple. The law is not. Queensland already has an ‘Adult Crime, Adult Time’ regime in place for serious youth offending. Now the Government wants to add 12 more offences. The proposed expansion is politically loud, but in practice the outcome will still turn on the charge, the evidence and the exact aggravating features alleged.

“Tough on crime” makes for an easy headline. Unfortunately, the law is more complex than that.

The Regime Already Exists — and Has Been Growing

Queensland’s “Adult Crime, Adult Time” regime means that for certain serious offences, a child can be sentenced under the same penalty settings that apply to an adult. The scheme began with the Making Queensland Safer Act 2024, which introduced adult-equivalent penalties for 13 specified offences including murder, manslaughter, unlawful striking causing death, grievous bodily harm, wounding, dangerous operation of a vehicle, serious assault, unlawful use of a motor vehicle, robbery, burglary, entering premises to commit an indictable offence, and unlawful entry of a vehicle to commit an indictable offence.

It was then expanded again in 2025. An official committee briefing on the 2025 amendment bill confirms that the 2024 law had already made children liable to adult maximum, minimum and mandatory penalties for those 13 offences, and that the 2025 bill proposed to add 20 further offences. That bill later passed and received assent on 23 May 2025. In other words, before this latest Bill even passes, the regime is already a large one.

Now the State Government wants to push that scheme further again. The proposed expansion sits in the Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026, introduced on 3 March 2026 and currently at the committee stage — it has not yet passed as law.

That distinction matters more than most people realise. In criminal law, there is a big difference between what has been announced, what has been introduced, and what is actually in force. People hear the slogan and assume the answer is simple. It usually is not.

The 12 Proposed New Offences

Under the 2026 Bill, the proposed additions are:

• Riot in its most serious form
• Indecent treatment of a child in certain aggravated circumstances
• Abuse of persons with an impairment of the mind
• Conspiring to murder
• Aiding suicide
• Disabling a person to commit an indictable offence
• Choking, suffocation or strangulation in a domestic setting
• Stupefying a person to commit an indictable offence
• Endangering the safety of a person in a vehicle with intent
• Administering poison with intent to harm where life is endangered or grievous bodily harm is caused
• Assault occasioning bodily harm in certain aggravated circumstances
• Unlawful stalking, intimidation, harassment or abuse

Even that summary needs care. These are not all broad, catch-all offences. Some only fall into the proposed scheme if a particular aggravating feature is present. Riot, for example, is only included where the more serious penalty circumstance applies. The same is true for indecent treatment of a child in the specified circumstances, administering poison in the most serious category, and assault occasioning bodily harm where the alleged facts include publication on social media or offending while armed, pretending to be armed, or in company.

That is where real cases are won or lost.

The Bill Goes Further Than the Headline Suggests

The 2026 Bill does not just add 12 more offences. It also proposes to extend the scheme to general attempts, conspiracies and accessories after the fact where the underlying offence is already an “Adult Crime, Adult Time” offence, and to the standalone offence of attempted robbery simpliciter. The explanatory notes also confirm that the amended provisions would apply only to offences committed after the legislation comes into force.

What This Means Once Someone Is Charged

Because once a person is charged, the slogan drops away and the detail takes over. What exactly is alleged? What part of the section has been charged? Is the prosecution relying on an aggravating circumstance? Can that actually be proved? What was said in interview? What is on the phone? What do the CCTV clips really show? What version of events is the court going to hear first? Those are not side issue questions. They point to the foundation of the case.

For children, parents and families, the practical effect is obvious. The consequences can become much more serious, much more quickly. A case that might once have been treated one way may now carry a very different level of exposure. That makes early advice important, not optional.

Do Not Wait for the First Court Date

People should stop assuming the first court date is the time to start paying attention. By then, admissions may already have been made. Bail issues may already have been mishandled. The prosecution narrative may already be taking shape. In serious criminal matters, the early steps often matter just as much as what happens later in court.

The other reality is this: not every allegation fits as neatly as police first suggest. Sometimes the facts are overstated. Sometimes the wrong charge is laid. Sometimes an aggravating feature is assumed but cannot be proved. Sometimes the strongest work in a case happens early and quietly, well before sentence and sometimes before trial.

That is why experienced criminal defence lawyers do not look at these cases in slogans. We look at the charge, evidence, features, defences, bail position, and the realistic prospects of taking the matter in a particular direction.

Anyone facing criminal allegations should obtain proper legal advice as early as possible. That applies whether the matter is already before the court, whether police want an interview, or whether someone is trying to work out where they stand before charges are laid.

Early advice can make a real difference. If you or someone you know has been charged with a criminal offence, contact our experienced team today.

In Queensland, criminal proceedings can be commenced in one of three ways:

1. Arrest and bail (or remand in custody);
2. Complaint and summons; and
3. Notice to Appear.

The last of these is the most common way for police to start criminal proceedings against someone. If you have been given a Notice to Appear in Court by the police, it is important to understand what it is and how it operates within the larger context of Queensland’s criminal law and procedure.  

Notice to Appear as an Alternative to Arrest and Bail

Prior to the creation of Notices to Appear, the conventional way for police to start criminal proceedings against someone was by either (a) arrest and bail / remand in custody, or (b) complaint and summons. The former process involved taking the charged person into custody, formally charging them, then considering whether to grant them “watchhouse” bail, or keep them in custody until their matter finalised at court (unless a Magistrate or the Supreme Court granted bail in the meantime).

The ”complaint-and-summons” process did not require formal arrest. Instead, the charged person was issued with a “complaint” outlining the offence they were alleged to have committed, and a “summons” directing them to attend court. If the person was charged with more than one offence, these had to be described on separate complaints (with some exceptions). The legislation concerning complaints are detailed, and the requirements of complaints are strict. Summonses are issued by magistrates; therefore, the police required a magistrate to issue a summons prior to providing these documents to the charged person.

These processes – arrest and bail / remand and complaint and summons – were both cumbersome. The former required taking person into custody. The latter was time-consuming. Notices to Appear were developed as a way of preventing taking people into custody (especially for offences that are highly unlikely to result in imprisonment on sentencing) and to streamline the process of commencing proceedings.

Commencing Criminal Proceedings by Notice to Appear

Police may issue a Notice to Appear to a person whom the police consider to have committed an offence. Notice to Appear must be given to the person directly, unless they are charged with an offence under the Road Use Management Act or the Heavy Vehicle National Law (Queensland). In these circumstances, the person can be served a Notice to Appear by registered post.

In order to be valid, the Notice to Appear need only state the “substance” of the offence alleged to have been committed. It must also have the accused person name on it, state whether they are an adult or a child, list the court in which they are to appear (and the time and date of the first appearance), have the charging police officer’s name on it, and be signed by a police officer.

Note that the requirement for the Notice to  Appear to only state the “substance” of the offence charged is a less strict requirement than complaints, which must use the exact wording of the offence as set out in the legislation. Also, no objection can be made if more than one charge is listed in a single paragraph on the Notice.

The prosecution may provide proper particulars of the offence (usually on a Bench Charge Sheet) on the first court date.

Once the Notice to Appear is issued, a copy of it must be given to the clerk of the court in which the charged person is to appear as soon as possible.

Once the Notice to Appear is served, and a copy given to the clerk of the court, the Notice is treated the same as a complaint and summons and the matter proceeds before the court as though it was started by a complaint and summons.

Lastly, it must be noted that Notices to Appear as a method of commencing criminal proceedings are only available to the Queensland Police Service. Other government agencies (such as the Australian Tax Office, the Commonwealth Director of Public Prosecutions, local councils, etc) must still commence by means of a complaint and summons.

Failure to Attend Court after a Notice to Appear is Served

If you are served with a Notice to Appear, and you do not attend court on the date stated on the Notice, the magistrate may issue a warrant for your arrest. Once the warrant is issued to the police, they will take you into custody, and provide you with a new court date. Alternatively, if you surrender yourself to the court, the magistrate may revoke the warrant and return the criminal charges to the court’s list.

On the other hand, if the police failed to properly serve the Notice to Appear on you or failed to give a copy to the clerk of the court, the magistrate may dismiss the charges which relate to the Notice. However, that does not end the matter, as the police may re-issue the Notice to Appear with a new court date. Re-issuing the Notice returns the charges to the court.

Conclusion

The purpose of Notices to Appear is to streamline and simplify the process of starting criminal proceedings. Although Notices are a less cumbersome process than arrest and bail or issuing complaints and summonses, this does not mean that the legal consequences of being dealt with by a Notice are any less serious. If you have been served with a Notice to Appear, it is important to get expert legal advice as soon as possible.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

In the Queensland system of criminal justice, once a person is charged with criminal offences there are broadly three ways the charges get resolved: a plea of guilty, the prosecution withdraw the charges, or a trial. This article will be about trials, so strap in, there is a lot to cover.

How do I know when I should go to trial?
Our article titled “Deciding How to Plead to a Criminal Offence” covers this well, but the short version is, if you did not commit the offence, or the prosecution cannot prove you did, you should take it to trial.

Why would my case go to trial in the Magistrates Court instead of another court?
Legally, most charges and cases are decided in the Magistrates Court. The more serious offences, such as drug trafficking, grievous bodily harm, and rape, will be heard in higher courts. Some charges can be heard in either the Magistrates Court or higher courts, but we need not go into that here.
Charges that stay in the Magistrates Court are still considered serious. People are routinely sentenced to jail in the Magistrates Court, and the court can impose a maximum of three years imprisonment.
Where you have the option of having your trial heard in the Magistrates Court or higher courts, there are a number of factors to consider, including cost, delay, whether you want a jury, and the maximum penalty.

How do I get to a trial in the Magistrates Court?
By entering a plea of ‘not guilty’ in court. The magistrate marks this down on the court file, and then a number of things happen.
First, the police must produce a full brief of evidence. This will contain witness statements and exhibits such as video footage, photographs, and forensics.
Second, once your solicitor receives the full brief of evidence, he or she will analyse it to determine whether the prosecution can prove their case, will take your instructions on what happened, and then give advice about likely outcomes.
Third, based on the advice given by your solicitor you will make decision whether you wish to persist with the trial, send a submission or change your plea to guilty. If the plea remains not guilty, then the case will have a date in the Magistrates Court for your trial.

What happens at a trial?
On the day of the trial [most trials in the Magistrates Court take only one day], the magistrate will listen to and view the evidence, and decide whether you are guilty beyond reasonable doubt.
It is the prosecution who must prove your guilt. They must do this beyond reasonable doubt, which means it’s not sufficient for the magistrate think that you are possibly, or even probably guilty, but he or she must have no reasonable doubt about it.
How does the trial proceed? I have created a chart which I hope will assist you to visualise how it happens in court:

Will I need to give evidence or speak in court?
The answer is maybe. You have a legal right to silence, which means you are not obligated to give evidence in support of your defence.
You might have given a recorded interview to police, in which case, your version of events may already be available without the need to speak in court.
There are disadvantages to telling your story in court, including: the prosecutor gets the opportunity to cross-examine you, you might get flustered and accidentally say something which hurts your case, or what you say might be inconsistent with something you've said prior [such as if you had given a police interview].
In general, if it looks like the prosecution are unable to prove their case on the evidence they have presented, then it would usually be the right call not to give evidence. If, however, the prosecution do look like they are able to prove their case, and the credibility and reliability of prosecution witnesses has not been damaged enough by your lawyer’s cross -examination of them, your best option may be to give evidence yourself to have a chance of winning the trial.

But the witnesses have lied! Surely I will be found not guilty?
Although the stated purpose of the trial process is to discover the truth of what happened, the reality is that the magistrate is presented with two different arguments about what happened: one from the prosecution, the other from the defence. It may well be the case that one or more witnesses lie in their testimony. Hopefully, in that situation, a lying witness will have had their credibility forcefully challenged when questioned by defence counsel.
It is important to keep in mind that each case, the prosecution and the defence, is designed to persuade the magistrate to reach a certain conclusion, and this may not necessarily be in perfect alignment with what really happened. As the saying goes, “there are two sides to every story”.

Whay happens at the end of the trial?
The magistrate decides whether you are guilty or not guilty. If you are found guilty, usually the sentence will proceed immediately. The main disadvantage with losing a trial is you should expect a harsher penalty than you would have gotten had you pleaded guilty.
If you win the trial, this is called an acquittal. This means the charge against you is dismissed, and there is no penalty.

Can I get costs?
If you win, you can argue for costs. There is a legal test the magistrate must follow to decide whether costs should be granted in your favour. Bear in mind, there is a limit to the amount of costs the magistrate can order in your favour, and you would not recover the full amount of your legal fees.

Conclusion
As you can see, Magistrates Court trials are complicated, and the decision whether to go to trial is often a difficult one. If you or someone you know is in such a situation, you need expert legal advice. All Clarity Law’s solicitors are fully qualified and experienced. We can help you to make the best choice for your situation.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.